Dáil debates

Thursday, 1 May 2014

Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Fifth Stage

 

Question proposed: "That the Bill do now pass."

11:15 am

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The completion of this Bill is a landmark moment in the area of criminal justice. It is of the utmost importance that An Garda Síochána has available to it all of the most up-to-date technical resources in the investigation of crime. This legislation is in the public interest, the interest of the victims of crime and the interests of the Garda force. The Bill will now progress to the Seanad and will, I hope, be enacted prior to the summer recess. It is my intention to bring it rapidly into force.

This is an important measure that will facilitate the Garda Síochána for many years to come in identifying the perpetrators of serious crime and bringing to justice those who commit homicides, serious and aggravated assaults and rapes and other sexual offences and a broad range of other individuals engaged in serious criminality, including subversion. This is an important step in our criminal justice system. A substantial amount of legislation has been passed in the past three years to modernise our criminal law and to assist and facilitate the Garda Síochána in its work, including enabling gardaí to bring before the courts individuals who have been found guilty of a myriad of different serious crimes. The Garda Síochána has in recent years been very successful in this regard.

In the context of the investigation of crime and bringing people to justice, this Bill will, at the end of the lifetime of this Dáil, prove to be the most important of all criminal justice measures introduced by it. While not wishing to diminish the importance of some of the other Bills enacted or those currently in the pipeline, this is a crucial measure. I have for many years been of the view that we should have a DNA database. Many countries across the world, including most EU countries, have such databases. The putting in place of a database here will facilitate our engaging domestically in the investigation of crime and, also, greater co-operation with other states, particularly EU states, in the exchange of information about those engaged in international crime and those who use the free movement that is part and parcel of the European Union to engage in cross-national criminality. In that context, I am thinking in particular of those engaged in substantial fraud, drug gangs and others who have committed appalling homicides and who do not confine their activities to this State but are engaged in organised crime on a European-wide basis, some on a broader global basis.

As I said, this is an important measure, one that I hope will be welcomed by victims of crime and the Garda organisations. When appointed Minister I set as my goal not simply to enact this legislation during the lifetime of this Government but to ensure that the forensic science laboratory had all the facilities it required to make the DNA database a reality. On taking up office I was presented with a Bill in this area which had been published by my predecessor. However, that Bill required substantial amendment and made no provision for the needs and requirements of the forensic science laboratory. During the development of this Bill and debate on it in this House, we liaised closely with the forensic science laboratory. I am informed that following enactment of the Bill and our being in a position to make commencement orders, the laboratory should be fully resourced to establish the DNA database. There will be no question of a substantial time having to pass while further works are undertaken within the laboratory. I thank all of those who work in the forensic science laboratory for the incredibly good work they do, in respect of which they receive little public notice. Their work is crucial in the investigation of crime and the assistance they provide to the Garda Síochána is essential. The laboratory will now play an additional vital role with regard to the DNA database.

It is important also - I am sure Deputies will recognise this - that I refer to another aspect of the Bill which, as the Bill progressed through the House, received little public notice - namely, the important role of the DNA database in, as I mentioned earlier, assisting in the discovery of the whereabouts of missing persons. That is an important issue. There are many families in this State affected by the tragedy of loved ones who have been missing for many years. There are concerns as to whether their whereabouts will ever be discovered. Some individuals go missing for a variety of reasons and many years later reappear. There are other individuals who tragically lose their lives and in respect of whom many years may pass before their remains are discovered. The DNA database will make an important contribution to assisting the Garda in this particular area. Some of the amendments we dealt with earlier were relevant to this area.

All told, in the context of our criminal jurisprudence this is a historic and landmark day in this Chamber. I thank members of the Opposition for their constructive engagement on the Bill. I also thank the various individuals and organisations who made submissions to us on the Bill. We received a variety of submissions on the Bill during the course of the legislative process. We have taken seriously all of the submissions received. I hope those who went to the trouble of making submissions to us recognise that we have done this. My objective is to have the best possible legislation. We have in recent times received further submissions. It appears there are always additional insights in this area. It is helpful and constructive that we get those. Without upsetting anybody, I wish to mention in particular the contributions from the Irish Human Rights Commission and the Law Society, which also made a further submission recently. I note that the Irish Human Rights Commission also made a submission on the Bill introduced by my predecessor. I reference these organisations because we have received some new submissions from them. Any further issues identified can be addressed during the passage of the Bill through the Seanad. I wish to assure those bodies that made further submissions relatively recently that the submissions are being constructively examined. While some of the issues raised therein have already been adequately addressed, one or two require further consideration, which may result in further amendments to the Bill during its passage through the Seanad. The Bill, if amended by the Seanad, will then make a brief return to this House.

The main body of the Bill is now in place. It is substantial legislation.

It is one of the longest Bills I have been engaged in since becoming Minister. It is 217 pages long and has just under 170 sections and is one of the most important pieces of legislation on the investigation of criminality we will enact during the lifetime of this Dáil. I thank all Members on all sides who contributed to the debate during Second Stage. I thank the Chairman of the Joint Oireachtas Committee on Justice, Defence and Equality, Deputy David Stanton, for the manner in which he conducted Committee Stage, which we dealt with a while ago.

Question put and agreed to.

Sitting suspended at 11.30 and resumed at 12 noon.